Nothing contained in this article shall prevent a municipality from adopting its own program for the control of dangerous dogs; provided, however, that no such program shall be less stringent than this article, and no such program shall regulate such dogs in a manner that is specific as to breed. Table of Contents V. T. C. A., Health & Safety Code § 822.047. 21.) Potentially dangerous or dangerous dogs may be regulated through local, municipal and county authorities, provided the regulations are not breed specific. This section shall not apply to any local ordinance adopted prior to October 1, 1990. In Michigan, the state Office of Financial and Insurance Services has interpreted their state laws relating to homeowners insurance to prevent restrictions or coverage denials based on breed restrictions. Subject to Section 18-2-1, a municipality may license, tax, regulate, or prohibit the keeping of dogs, and authorize the destruction, sale, or other disposal of the same when at large contrary to ordinance. 3.) While there is no federal law that prohibits anyone from owning any type of breed, Minnesota does have laws against the breed of dog you can own. The laws are divided into two general categories: (1) states that prohibit breed-specific legislation (BSL) in all animal regulation (9 states); and (2) states that only prohibit BSL in dangerous/vicious dog laws (15 states). Except as provided in Section 122331 of the Health and Safety Code, no program regulating any dog shall be specific as to breed. Below is the official change in the code: 3. § 3.2-6540. (c): "No dog shall be considered dangerous or potentially dangerous solely because of the dog’s breed or perceived breed. Some landlords have more power based on the specific city which can grant more authority to the landlord in these matters. Delaware A dog may not be found dangerous or vicious: (a) Based solely on the breed of the dog; . In the U.S., the states of Michigan and Pennsylvania have restricted the use of dog-breed profiling by insurance companies. (D) (i) Regulate and prohibit the going at large of dogs and other animals in the streets and public places of the municipality and prevent cruelty to animals and all inhuman sports, except that no municipality shall adopt breed-specific dog ordinances; Delaware Code Title 11, § 1327 . A statutory or home rule charter city, or a county, may not adopt an ordinance regulating dangerous or potentially dangerous dogs based solely on the specific breed of the dog. . Each county board of supervisors may: 3. Some laws state that municipalities may not regulate dangerous dogs based solely on breed while other laws simply say that breed cannot be used to prove a dangerous dog declaration. Arizona’s governor Doug Ducey signed Senate Bill 1248 into law on Friday last week. Illinois SENATE BILL 1248: Section 1. The pertinent part of the legislation is included in this list as well as a link to the actual laws. As for cities and counties within Minnesota, you’ll need to check with their laws (and bylaws). 25 This type of legislation does not make concessions for those members of the breed who are valuable assets to their communities, such as therapy dogs, assistance dogs, or advanced trained dogs such as drug dogs and search and rescue dogs. The laws of the state usually provide the means for a landlord to prohibit the access and ownership of the renter or tenant with certain breeds of dog, sizes or weights of dogs or even no dogs or pets at all on the property. The clear trend, however, is to uphold laws that impose special restrictions on certain breeds or ban them outright. 16.) Under a newly signed law, those breed restrictive bans will end. A local ordinance otherwise dealing with dogs may not prohibit or otherwise limit a specific breed of dog. Note: These aren’t necessarily bans against all forms of BDL. The state of Pennsylvania specifically forbids dog breed restrictions in providing homeowner insurance. California Vicious dogs shall not be classified in a manner that is specific as to breed. D. No canine or canine crossbreed shall be found to be a dangerous dog solely because it is a particular breed, nor is the ownership of a particular breed of canine or canine crossbreed prohibited. Prohibition of breed specific regulation. . (d) Dogs that fail the American kennel club canine good citizen test or a reasonably equivalent canine behavioral test are given the opportunity to retest within a reasonable period of time, as determined by the city or county. Statutes and Ordinances Breed Specific Legislation (BSL) is defined as a law or statute that equates the qualities of a dangerous dog with a certain breed, and bans or restricts certain breeds based on identity, not behavior of a specific animal. (1) A city or county may not prohibit the possession of a dog based upon its breed, impose requirements specific to possession of a dog based upon its breed, or declare a dog dangerous or potentially dangerous based on its breed unless all of the following conditions are met . (C) An animal is not a “dangerous animal” solely by virtue of its breed or species. . Each municipality is empowered to adopt or retain more stringent ordinances, laws or regulations dealing with the subject matter of this chapter, except that municipalities may not adopt breed-specific ordinances, laws or regulations. Rhode Island Gen. Laws, 1956, § 4-13-1 seems to imply that Bristol County may regulate by breed in subsection (2)(ii). The resulting legal issues can cost insurance companies a lot of money, and, for this reason, many insurance companies refuse to insure apartment buildings unless dog breed restrictions are in place. A county or municipality may place additional requirements or restrictions on dangerous dogs if the requirements or restrictions: (1) are not specific to one breed or several breeds of dogs; and. Chapter 1. California Pet Stores May Only Sell Rescues. No dog shall be deemed "vicious" if it is a professionally trained dog for law enforcement or guard duties. On May 19, 2016, Governor Ducey signed SB 1248 into law. State Farm determines risk based on a dog's bite history rather than breed. . Owners whose dogs successfully complete the American Kennel Club's Canine Good Citizen program will be exempt from breed bans in Washington state starting in 2020. (a) Any person may file a complaint in writing to the hearing authority that a dog owned or kept in the city or town is a nuisance dog or a dangerous dog; provided, however, that no dog shall be deemed dangerous: (i) solely based upon growling or barking or solely growling and barking; (ii) based upon the breed of the dog; or (iii) if the dog was reacting to another animal or to a person and the dog's reaction was not grossly disproportionate to any of the following circumstances: Subd. 8. 1.) South Dakota This section does not impair the right of any local government unit to enact, maintain, or enforce any form of regulation that applies to all dogs. Local governing bodies cannot prohibit the ownership of a particular dog breed. A county or municipality may place additional requirements or restrictions on dangerous dogs if the requirements or restrictions: (1) are not specific to one breed or several breeds of dogs; and . (5) (a) Nothing in this section shall be construed to prohibit a municipality from adopting any rule or law for the control of dangerous dogs; except that any such rule or law shall not regulate dangerous dogs in a manner that is specific to breed. Learn More. No animal shall be found to be a dangerous dog if the threat, injury, or damage was sustained by a person who was (i) committing, at the time, a crime upon the premises occupied by the animal's owner or custodian; (ii) committing, at the time, a willful trespass upon the premises occupied by the animal's owner or custodian; or (iii) provoking, tormenting, or physically abusing the animal, or can be shown to have repeatedly provoked, tormented, abused, or assaulted the animal at other times. . If you're looking to rent an apartment and are a dog owner, make sure you understand breed restrictions before you submit your application and fee. This document lists the states that prohibit the regulation of dogs by local governments based on breed, commonly known as breed-specific legislation. 3.  A dog may not be found dangerous or vicious: (a) Based solely on the breed of the dog; or. Utah Any less restrictive municipal ordinances, laws or regulations are invalid and of no force and effect. 22. (5.) 4.) New Jersey Thus, State Farm does not exclude insuring households solely based on breed. In Denver, dogs over six months old are required to be sterilized unless their owners buy a … Overview of States that Prohibit Breed-Specific Legislation by State Law. The provisions of this act shall supersede any law, ordinance, or regulation concerning vicious or potentially dangerous dogs, any specific breed of dog, or any other type of dog inconsistent with this act enacted by any municipality, county, or county or local board of health. In some areas, regulated breeds also include a variety of other dogs like American Bulldogs, Rottweilers, Mastiffs, Dalmatians, Chow Chows, German Shepherds, Doberman Pinschers or any mix of these breeds—and dogs who simply resemble thes… However, they may not cover you if your dog has a history of aggression. (b) Because of a defensive act against a person who was committing or attempting to commit a crime or who provoked the dog. This means that a dog owner and/or keeper may be liable the first time a dog bites, regardless of the owner’s negligence. 17.) Nothing in this act shall prohibit such local governments from enforcing penalties for violation of such local laws. According to statistics complied from Dogbites.org, a dog bite victim advocacy organization that supports breed restrictions, the most dangerous dogs are pit bulls and Rottweilers, as well as other fighting dog breeds. Many insurers ban any dog that has been "aggressive" or has a history of biting. (2) Any breed-specific rule, regulation, policy, or ordinance regarding dogs is void. § 4-13-43. Vicious dogs shall not be classified in a manner that is specific as to breed. Notwithstanding the provisions of subdivision one of this section, this subdivision and sections one hundred twenty-three, one hundred twenty-three-a and one hundred twenty-three-b of this article shall apply to all municipalities including cities of two million or more. Rhode Island § 24. 18-2-1. Local ordinances. 822.047. [emphasis added]. Nevada Community Cats Program Handbook: Administration, Community Cats Program Handbook: Operations, Why Breed-Specific Legislation Is Ineffective, States Discriminating Against Dogfighting Victims, Pet-Friendly Landlords Increase Profitability, Dog Breed-Neutral Laws for Safe Communities. Control of dangerous dogs; penalties. Top 10 banned dog breeds. Municipalities. Va. Code Ann. Virginia. (1) A municipality may not adopt or enforce a breed-specific rule, regulation, policy, or ordinance regarding dogs. A provision is included in the dangerous dog laws, but it appears very limited: (3) . (b) Though no specific breed of dog is inherently dangerous or vicious, the growing pet overpopulation and lack of regulation of animal breeding practices necessitates a repeal of the ban on breed-specific solutions and a more immediate alternative to existing laws. Check directly with the individual properties to find out the pet fee, weight and breed restrictions. The number of dog bite claims nationwide rose to 17,802 in 2019 from 17,297 in 2018 according to an analysis of homeowners insurance data by the Insurance Information Institute. Cal. A further distinction has to be made in the application of some of these laws in the dangerous dog category. 11-1005 related to the powers of the county board of supervisors. Under current law, cities in Washington state are allowed to prohibit residents from keeping certain breeds of dogs within the city limits. According to the website DogsBite.org, there are approximately 1,000 people in the United States that suffer from dog bites, per day. 7.) South Carolina has an even broader law that says, "[a]n animal is not a 'dangerous animal' solely by virtue of its breed or species." Colorado No local government, as defined in § 6-1-12, may enact, maintain, or enforce any ordinance, policy, resolution, or other enactment that is specific as to the breed or perceived breed of a dog. Legal Challenges to Breed-Specific Laws. “Pit bull-type dogs and Rottweilers were involved … Connecticut 31683. A couple states briefly mention "breed" without specific preemption language. McKinney's Agriculture and Markets Law § 107. Following is a list of states that prohibit breed-discriminatory legislation, including the provision wording. 19.) West's Ann. Insurance companies have been wary of certain breeds since at least 2000, when the American Veterinary Medical Association released a study of fatal dog attacks by breed between 1979 and 1998. 12.) 3. Florida Powers and duties of board of supervisors A. . Each municipality is empowered to adopt or retain more stringent ordinances, laws or regulations dealing with the subject matter of this chapter, including the establishment of fees necessary and appropriate to finance the cost of animal control services, except that municipalities may not adopt breed-specific ordinances, laws or regulations. California also prohibits BSL in the state's dangerous dog law: Nothing in this chapter shall be construed to prevent a city or county from adopting or enforcing its own program for the control of potentially dangerous or vicious dogs that may incorporate all, part, or none of this chapter, or that may punish a violation of this chapter as a misdemeanor or may impose a more restrictive program to control potentially dangerous or vicious dogs, provided that no program shall regulate these dogs in a manner that is specific as to breed. Section 2, (b): "(b) No dog may be declared potentially dangerous based solely on the dog’s breed or perceived breed", Delaware Code Title 22, § 116 A canine or canine crossbreed that has bitten, attacked, or inflicted injury on a companion animal that is a dog or cat or killed a companion animal that is a dog or cat. Any less restrictive municipal ordinances, laws or regulations are invalid and of no force and effect. There is a similar law under the chapter on Regulation of Vicious Dogs (4-13.1-16). 13.) New York This section does not impair the right of any local government unit to enact, maintain, or enforce any form of regulation that applies to all dogs. Contract with any city or town to enforce the provisions of any ordinance enacted by such city or town for the control of dogs if the provisions are not specific to any breed. Those provisions of local ordinances relating to dangerous dogs are hereby abrogated. Nothing in this act shall prohibit such local governments from enforcing penalties for violation of such local laws. 14.) This site is not a law firm and cannot offer legal advice. C. No canine or canine crossbreed shall be found to be a vicious dog solely because it is a particular breed, nor is the ownership of a particular breed of canine or canine crossbreed prohibited. One grey area that regularly presents itself is the issue of mixed breeds enforcement or duties... 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